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DN: REP002 REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File#E~~-
Date: Res. # ~3LLL`Z"L~ /
SEPTEMBER 8, 1997
By-Law #
Report #: ~T File #:
Subject: REQUISITION FOR DRAINAGE WORKS - MARTIRE/METALLO
2185 AND 2165 HANCOCK ROAD IN COURTICE
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report WD-53-97, be received;
2. THAT the Requisition for Drainage Works dated June 30, 1997,
from Joseph Martire, be cancelled;
3. THAT the requisition fee of $300 prescribed in the Drainage
Act, be refunded to Mr. Martire, forthwith; and,
4. THAT Mr. Josef Neubauer, Solicitor and Mr. Martire, be
provided with a copy of this report and advised of Council's
decision.
REPORT
1.0 ATTACHMENT
Attachment No. 1 Requisition for Drainage Works from Mr.
Martire
2.0 BACKGROUND
2.1 The Problem:.
Mr. Martire, owner of the property known as 2185 Hancock Road,
experienced drainage problems following construction of the
house and grading of the property owned by Mr. Metallo, known
as 2165 Hancock Road. Mr. Neubauer, Solicitor, was retained
by Mr. Martire to assist in obtaining a resolution to the
problem and submitted a Requisition for Drainage Works, which
o.oEEO®w.~.~.E 1 10 6
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~' REPORT NO.: WD-53-97 Page 2
was considered by Council ,at its meeting of July 7, 1997.
Council, at its meeting of July 7, 1997, passed Resolution C-
532-97, as follows:
"That the requisition for Drainage Works dated
June 30, 1997, from Joseph Martire, be
received;
.That, in accordance with Section 3.(6) of the
.Drainage Act, S.A. Vokes, Director of Public
Works, be appointed the engineer to make an
examination of the lands-and premises at 2185
and 2165 Hancock Road, Courtice; and,
That Joseph Martire be advised of Council's
decision".
3.0 COMM8NT8
3,1 ~aminatinn of fhe Sites - 2185 and 2165 Hancock Road
Staff.. attended the subject sites and met with Mr. ,TOSeph
.Martire on .August 27, 1997. Upon examination, it was
determined that the drainage problem experienced by Mr.
Martire is a result of the surface water draining from his
property, 2185 Hancock Road, being obstructed by the recent
higher elevation on the property at 2165 Hancock Road. Prior
to development of the adjacent land, surface water drained to
the vacant lot. It was determined that Mr. Martire's drainage
.problem-could be eliminated by completing some minor grading
on his property. Mr. Martire. accepted this solution. Mr.
Neubauer, Solicitor, was .advised and concurred with the
proposed solution. in addition, staff contacted the Central
Lake Ontario Conservation Authority to determine if approvals.
are required to perform the grading works. G.L.O.C.A. advised
that no permits are required toyperform the proposed works.
3.2 The Drainage Act
The Requisition for Drainage Works was submitted. in accordance
with the Drainage Act. The Drainage Act refers to "water
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REPORT NO.: WD-~S3-97 'Rage 3 ,
flowing through a natural or defined watercourse". In
summary, it is staff's opinion that The Drainage Act is not.
applicable in this case since -the problem is drainage of
surface water ,and is in no way related to a watercourse'.
40 ,CONCLIISION '
Since the Drainage. Act is not applicable, it is recommended ,
that the ;requisition fee of $300 be refunded to Mr. Martine.
~4 Respectfully submitted, Reviewed by,
....
Stephen. A. Vokee, P.-Eng. W,H. Stockwell,
IIireetor of Public_Works .Chief Administrative Officer
IIP/SAV/jco
Attachment
pc: Joseph Martire
2185 Hancock Road
Courtice Ontario
L1E 2M3
Mr. Josef Neubauer, B.A., Lh.B.
Barrister> Solicitor, Notary.PUblic
106 Stevenson Road South
Oshawa, Ontario...
L1J 5M1
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REQUISIILON_EOR_DRAINAGE WORKS
TO: Patti L Barrie
Clerk of the Municipality of Clarington
am the owner of the following lands:
Lands and premises municipally known as 2185 Hancock Road, Courtice, Ontario, L1 E
2M3 being Part Lot 26, Concession 2, Municipality of Clarington
and I require the construction (or improvement) of a drainage works and the following lands and
roads will be affected:
Lands and premises owned by Mr. and Mrs. Florindo Metallo, municipally known as
2165 Hancock Road, Courtice, Ontario L1E 2M3 being Part Lot 26, Cancession 2,
Municipality of Clarington
and I request that an engineer be appointed by the Council of the Municipality and that the
engineer appoint a time and place at which he or she will attend and examine the area in order
to make a report.
DATED at Oshawa this 30th day of June, 1997.
Joseph artire
ATTACHMENT N0. 1
ND-53-97
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